Petitioners filed an original petition under Section 372 of the Indian Succession Act, 1925, for a succession certificate regarding securities held by their deceased mother, who died intestate. The court allowed the petition based on the evidence adduced.
Succession Certificate issued in the name of the 1st petitioner, Imran Chida.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
O.P.No.421 of 2022
C.V.KARTHIKEYAN, J.
This original petition has been filed taking advantage of Section 372 of the Indian Succession Act, 1925 seeking Succession Certificate with respect to the securities in the name of Mrs.Shataj Chinda, the mother of the petitioners herein and who died intestate on 29.05.2018. The father of the petitioners, Ali Ahmed Chida was alive at the time of the death of the mother, but he died subsequently on 01.07.2019. The details of the securities had been given in the schedule to the petition.
2.After following due procedure, the petitioners were invited to tender evidence. The 1st petitioner, Imran Chida, examined himself as PW-1. The Death Certificate and the Legal Heirship Certficate of his mother were marked as Exs.P1 and P2. The Death Certificate of his father was marked as Ex.P3. The documents relating to the securities were marked as Exs.P4 to P7. The consent affidavit of the 2nd , 3rd and 4th petitioners were marked as Exs.P8 to P10.
2
C.V.KARTHIKEYAN,J.
smv
3.In view of the evidence adduced, this Original Petition stands allowed. The Succession Certificate may be issued in the name of the 1st petitioner, Imran Chida.
01.12.2022
smv
O.P.No.421 of 2022
1 issue framed by the court
Whether a succession certificate regarding securities held by the deceased mother is maintainable after the father's subsequent death.
1 provisions across 1 enactments
Imran Chida
Shataj Chinda
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
